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(영문) 서울북부지방법원 2016.02.18 2015고정2518
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Violation of the Act on Promotion of Use of Information and Communications Network and Information Protection (Defamation) Defendant requested repair of his/her motor vehicle to B (state) where C works for the victim C, but excessive repair costs are claimed;

I think, around June 19, 2015, at the defendant's house located in Seongbuk-gu Seoul apartment and 825 Dong 503, using his mobile phone, and, after accessing the Facebook north, which is social network service, posted a letter "C chief shall throw away posts before the end of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of the half of

2. The Defendant: (a) connected to the victim’s page at the date, time, and at the place specified in paragraph 1; (b) obstructed the victim’s photograph posted on the victim’s Kakao Stockholm account; (c) stored the victim’s cell phone; and (d) posted an image on the victim’s cell phone so that the victim’s name “C chief” can be identified in the victim’s page; and (c) openly insulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to a complaint, investigative report (determination as to whether a motor vehicle repair cost is excessive);

1. Article 70 (2) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, and Article 311 of the Criminal Act (Selection of Each Fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. Facts charged;

A. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation) Defendant requested a victim (state)B to repair his/her vehicle involved in the accident, but the repair cost was excessive.

I think, Seoul around June 19, 2015.

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